Full question:
How likely is it that NV state courts will rule in the favor of a mother for primary or sole custody, when the father has committed an act of domestic violence against the mother, has a history of arrest, and is on medication?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Nevada
Answer:
In Nevada, custody decisions are based on the best interest of the child. When determining custody, the court considers several factors, including:
- The child's wishes, if they are old enough to express a preference;
- Any nominations by a parent or guardian;
- Whether either parent has committed domestic violence against the child or the other parent.
If there is a finding of domestic violence, there is a rebuttable presumption that granting custody to the perpetrator is not in the child's best interest (Nev. Rev. Stat. § 125.480). This means that the mother may have a strong case for primary or sole custody, especially given the father's history of domestic violence and arrests.
Joint custody is generally favored if both parents agree, but the court may award joint legal custody without joint physical custody if the parents consent (Nev. Rev. Stat. § 125.490).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.